Constitutional Law Keyed to Stone

Brief Fact Summary. A Pennsylvania law imposed several obligations on women seeking abortions. The constitutionality of the law was brought into question.

Synopsis of Rule of Law. A law is invalid, if its purpose or effect is to place a substantial obstacle (i.e., an “undue burden”) in the path of a woman seeking an abortion at a stage of her pregnancy before the fetus attains viability.

Facts. The Pennsylvania Abortion Control Act (the “Act”) imposed several obligations on women seeking abortions and medical practitioners (for the details, see the issues section below). The Act exempted compliance with the obligations in the event of a medical emergency. The constitutionality of the Act was brought into question.

Issue. Was the requirement of the Act that a woman give her informed consent prior to obtaining an abortion procedure constitutional under the Fourteenth Amendment to the United States Constitution? Was the requirement that a woman be provided with certain information at least 24 hours before an abortion procedure is performed constitutional under the Fourteenth Amendment to the United States Constitution? Was the requirement that a minor get a parent’s consent to have an abortion, but providing for a judicial bypass where necessary, constitutional under the Fourteenth Amendment to the United States Constitution? Was the requirement that a married woman sign a statement indicating that she has notified her husband of her intended abortion, unless an exception applies, constitutional under the Fourteenth Amendment to the United States Constitution? Was the requirement imposing certain reporting requirements on facilities that provide abortions constitutional under the Fourteenth Amendment to the United States Constitution?

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Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. Your Study Buddy will automatically renew until cancelled. You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time.